South Dakota Code — 37
Browse 578 sections in division 37 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 37-1-3.1. Combinations in restraint of trade unlawful--Entities subject to prohibition.
- § 37-1-3.2. Monopolies and attempts to monopolize unlawful.
- § 37-1-3.3. Monopoly or restraint of trade as felony.
- § 37-1-3.4. Labor not an article of commerce--Labor and agricultural organizations permitted.
- § 37-1-3.5. Regulated utility services exempt.
- § 37-1-4. Discriminating between localities in selling as unfair discrimination.
- § 37-1-5. Discriminating between localities in buying as unfair discrimination.
- § 37-1-6. Price differential to meet competition in buying permitted.
- § 37-1-7. Unlawful discrimination in buying or selling as felony.
- § 37-1-8. Fraudulent statements to affect market price as felony.
- § 37-1-10. Criminal prosecution by state's attorney on violation--Assistance by attorney general.
- § 37-1-11. Criminal proceedings instituted by attorney general.
- § 37-1-11.1. Demand by attorney general to produce evidence relating to violations--Service--Contents.
- § 37-1-11.2. Petition for enforcement of attorney general's demand--Court order--Protective provisions.
- § 37-1-11.3. Confidentiality of evidence produced on demand--Waiver.
- § 37-1-11.4. Self-incriminating evidence required on promise of immunity.
- § 37-1-14.1. Venue of actions for violation.
- § 37-1-14.2. Actions on behalf of state for equitable relief and civil penalties--Amount of penalty.
- § 37-1-14.3. Action by public or private party for equitable relief or damages--Treble damages.
- § 37-1-14.4. Limitation of actions for violations.
- § 37-1-16.1. Judgment in action by state as prima facie evidence in later actions.
- § 37-1-18. Failure to attend or produce evidence as contempt.
- § 37-1-20. Remedies cumulative.
- § 37-1-22. Judicial interpretations of similar statutes as guide.
- § 37-1-23. Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.
- § 37-1-24. Treble damages and cost of suit as measure of monetary relief.
- § 37-1-25. Exclusions in determining amount of monetary relief.
- § 37-1-26. Proof of damages--Assessment in aggregate.
- § 37-1-27. Notice--Manner of giving.
- § 37-1-28. Election by injured person to exclude claim from state action for monetary relief--Notice.
- § 37-1-29. Judgment as res judicata.
- § 37-1-30. Dismissal or compromise--Approval of court required--Notice.
- § 37-1-31. Distribution of award of monetary relief--Treatment as civil penalty to be deposited in special revenue fund.
- § 37-1-32. Attorney general's powers--Common law powers not derogated.
- § 37-1-33. Right to sue preserved for person injured directly or indirectly--Avoidance of duplicate liability.
- § 37-2-1. Discrimination between localities in selling price as misdemeanor.
- § 37-2-2. Price differential to meet competition permitted.
- § 37-2-3. Difference in selling prices as prima facie evidence of violation.
- § 37-2-4. Remedies cumulative.
- § 37-2-5. Definitions.
- § 37-2-6. Promulgation of rules.
- § 37-2-7. Examination and testing specifications and methods.
- § 37-2-8. Analyses by qualified laboratory--Distillation test methods.
- § 37-2-9. Thorough analysis not required--Rejection of product on finding of impurity or imperfection.
- § 37-2-10. Substitution of spurious product for trade name product prohibited.
- § 37-2-11. Display of signs and labels for product not sold at location prohibited--Decorative signs excepted.
- § 37-2-12. Sale of substandard gasoline or motor fuel prohibited.
- § 37-2-13. Antiknock index for gasoline and gasoline blends to be posted.
- § 37-2-15. Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler.
- § 37-2-16. Violation as misdemeanor.
- § 37-2-17. Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier.
- § 37-2-18. Acting as agent of another not a defense.
- § 37-2-19. Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited.
- § 37-2-20. Reinspection of products--Cancellation of approval or rejection if not in compliance.
- § 37-2-21. Powers and duties of secretary of public safety, employees, and law enforcement officers--Access to premises and records--Information furnished by carrier employees.
- § 37-2-22. Collection and analysis of samples--Publication of results.
- § 37-2-24. Administrative expenses paid from tax and license collections--Allocations from collections.
- § 37-2-25. Sale of certain petroleum products on other than gross volume basis unlawful.
- § 37-2-26. Substantially disabled may buy attendant-dispensed gasoline at self-service price.
- § 37-2-29. Listing different motor fuel prices for cash or credit--Violation as misdemeanor.
- § 37-2-30. Labeling of any gasoline containing oxygenate.
- § 37-2-31. Declaration of oxygenate for labeling purposes.
- § 37-2-33. Sale of products containing or treated with ether prohibited--Exception--Construction.
- § 37-2-34. Definition of terms relating to sale of renewable motor fuels.
- § 37-2-34.1. Ethanol blender pump defined.
- § 37-2-35. Certain contract restrictions on the sale of renewable motor fuels prohibited.
- § 37-2-36. Reasonable indemnification and insurance policies permitted.
- § 37-2-37. Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline.
- § 37-2-38. Violation as misdemeanor.
- § 37-2-39. Labeling of motor fuel at retail fuel pump.
- § 37-2-40. Documentation accompanying deliveries other than retail sale.
- § 37-2-41. Refiners, importers, and producers--Federal requirements.
- § 37-2-42. Distributors--Federal requirements.
- § 37-2-43. Sales to consumers--Federal requirements.
- § 37-2-44. Minimum octane rating grades of petroleum in certain counties.
- § 37-2-45. Minimum octane rating grades of petroleum in all other counties.
- § 37-2-46. Liability of retail dealer in petroleum products limited under certain conditions.
- § 37-4-1. Exchanges subject to chapter--Small-volume exchanges exempt.
- § 37-4-2. Open membership required of exchanges--Cooperatives included.
- § 37-4-3. Members to comply with rules, regulations, and bylaws--Fees and assessments.
- § 37-4-4. Exchange rules controlling distribution of member profits deemed unreasonable.
- § 37-4-5. Denial of membership by exchange as misdemeanor--Refusal to deal with member.
- § 37-4A-1. Definition of terms.
- § 37-4A-2. Resolution by mediation.
- § 37-4A-3. Liability of contractor.
- § 37-4A-4. Good faith--Damages for violation.
- § 37-5-1. Coercion of dealer to force unwanted purchases as misdemeanor.
- § 37-5-2. Coercion of dealer to control sales or force expenditures as misdemeanor.
- § 37-5-3. Unfair cancellation of dealer franchise as misdemeanor.
- § 37-5-4. Civil liability for damages from violation.
- § 37-5-5. Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession.
- § 37-5-5.5. Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor.
- § 37-5-6. Contracts subject to dealer's right to recovery of costs and charges on cancellation.
- § 37-5-7. Determination of prices to be paid to dealer on cancellation of contract.
- § 37-5-7.1. Time for payment of costs and charges to dealer--Final statement of account.
- § 37-5-8. Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section.
- § 37-5-9. Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs.
- § 37-5-10. Current unused complete farm implements, machinery or attachments defined.
- § 37-5-11. Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.
- § 37-5-12. Waiver of law void.
- § 37-5-12.1. Dealer defined.
- § 37-5-12.2. Merchandise defined.
- § 37-5-12.3. Contract defined.
- § 37-5-12.4. Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.
- § 37-5-13. Definition of terms used in §§ 37-5-13 to 37-5-15.
- § 37-5-14. Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.
- § 37-5-15. Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property.
- § 37-5-16. Definitions.
- § 37-5-17. Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation.
- § 37-5-18. Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory.
- § 37-5-19. Civil action for violation of chapter.
- § 37-5B-1. Definitions.
- § 37-5B-2. Jurisdiction.
- § 37-5B-3. Offer or sale not made in state.
- § 37-5B-4. Notice filing required.
- § 37-5B-5. Notice filing provisions.
- § 37-5B-6. Amendments.
- § 37-5B-7. Updating disclosure documents.
- § 37-5B-8. Start-up financial statements.
- § 37-5B-9. Phase-in of financial statements.
- § 37-5B-10. Negotiation of terms.
- § 37-5B-11. Signed receipt.
- § 37-5B-12. Exemptions from chapter.
- § 37-5B-13. Exemptions from notice filing and obligations to deliver disclosure document.
- § 37-5B-14. Exemptions from notice filing.
- § 37-5B-15. Exemptions by director.
- § 37-5B-16. Thresholds.
- § 37-5B-17. Delivery of disclosure document.
- § 37-5B-18. Time of delivery of disclosure document.
- § 37-5B-19. Books and records.
- § 37-5B-20. Burden of proof.
- § 37-5B-21. Arbitration.
- § 37-5B-22. Consent to service of process.
- § 37-5B-23. Advertisement.
- § 37-5B-24. Fraud--Class 4 felony.
- § 37-5B-25. Fraud--Class 6 felony.
- § 37-5B-26. Prohibited practices.
- § 37-5B-27. Director approval not permitted.
- § 37-5B-28. Administration.
- § 37-5B-29. Promulgation of rules.
- § 37-5B-30. Opinions.
- § 37-5B-31. Filed documents.
- § 37-5B-32. Records of filings and orders.
- § 37-5B-33. Public and nonpublic records.
- § 37-5B-34. Copies of notice filings and orders.
- § 37-5B-35. Investigations.
- § 37-5B-36. Request for information.
- § 37-5B-37. Subpoena powers.
- § 37-5B-38. Immunity.
- § 37-5B-39. Unauthorized use of information--Misdemeanor.
- § 37-5B-40. Cooperation with other agencies.
- § 37-5B-41. Cease and desist orders.
- § 37-5B-42. Order to show cause.
- § 37-5B-43. Civil penalty.
- § 37-5B-44. Order or request for hearing.
- § 37-5B-45. Effect of order without hearing.
- § 37-5B-46. Affirmance, modification, or vacation of order.
- § 37-5B-47. Civil action by attorney general.
- § 37-5B-48. Injunctive relief.
- § 37-5B-49. Civil damages or rescission.
- § 37-5B-50. Limitation of actions.
- § 37-5B-51. Pending actions and actions based on prior conduct.
- § 37-5B-52. Prior registrations and rulings.
- § 37-5B-53. Prior offers and sales.
- § 37-6-1. Definition of terms used in counterfeiting provisions.
- § 37-6-2. Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.
- § 37-6-3. Imitation of trade-mark as misdemeanor--Civil penalty.
- § 37-6-4. Definition of terms used in mark registration law.
- § 37-6-5. Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.
- § 37-6-6. Mark containing immoral, deceptive or scandalous matter not registrable.
- § 37-6-7. Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.
- § 37-6-8. Mark using or simulating flags or governmental insignia not registrable.
- § 37-6-9. Mark identified with living persons not registrable except by consent.
- § 37-6-10. Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.
- § 37-6-11. Mark similar to previously used marks not registrable.
- § 37-6-12. Classification of goods and services for mark registration--Registration limited to single class.
- § 37-6-13. Certificate of registration issued by secretary of state--Contents.
- § 37-6-14. Term of registration--Renewal.
- § 37-6-16. Civil liability for damages from fraudulent mark registration.
- § 37-6-17. Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
- § 37-6-18. Cancellation of registration on request or due to error or fraud.
- § 37-6-19. Cancellation of registration on court findings.
- § 37-6-20. Cancellation of registration on court order.
- § 37-6-21. Cancellation of registrations not renewed.
- § 37-6-22. Public record of registered marks.
- § 37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.
- § 37-6-25. Civil action against person using counterfeit or imitation of registered mark.
- § 37-6-26. Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.
- § 37-6-27. Common-law rights in marks preserved.
- § 37-6-28. Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.
- § 37-6-29. Use or possession of marked and registered container prima facie unlawful--Search warrant.
- § 37-6-30. Obliteration of registered container mark as misdemeanor.
- § 37-6-31. Nonresidents entitled to protection of containers.
- § 37-6-32. Civil penalty for unauthorized refilling or trafficking in registered containers.
- § 37-7-1. Distribution of products as misdemeanor unless labeled as to place of manufacture.
- § 37-7-2. Sale of mislabeled product as misdemeanor.
- § 37-7-2.1. Sale of purported articles--Disclosure required--Specifications--Violation.
- § 37-7-4. Definitions.
- § 37-10-1. Definition of terms.
- § 37-10-2. Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.
- § 37-10-3. Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.
- § 37-10-4. Sales between wholesalers permitted at less than cost--Basic cost to be charged.
- § 37-10-5. Computation of cost to retailer--Expenses included.
- § 37-10-6. Presumption as to cost of doing business by retailer.
- § 37-10-7. Wholesaler's costs added when retailer purchases from manufacturer.
- § 37-10-8. Presumption as to cost of doing business by retailer purchasing from manufacturer.
- § 37-10-9. Computation of cost to wholesaler--Expenses included.
- § 37-10-10. Presumption as to cost of doing business by wholesaler--Cartage costs.
- § 37-10-11. Purchases outside ordinary trade channels not considered in determining costs.
- § 37-10-12. Cost survey as evidence of cost to retailer or wholesaler.
- § 37-10-13. Tie-in sale at less than value of other goods deemed rebate or concession.
- § 37-10-14. Application of minimum price provisions to combination sales, rebates and concessions.
- § 37-10-15. Promotional merchandise not considered in determining cost.
- § 37-10-16. Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.
- § 37-10-17. Cost survey price considered competitive price.
- § 37-10-18. Isolated transactions exempt from chapter.
- § 37-10-19. Damaged merchandise sales exempt from chapter--Notice to customer.
- § 37-10-20. Clearance sales exempt from chapter--Notice to customer.
- § 37-10-21. Liquidation sales exempt from chapter.
- § 37-10-22. Sales by officer acting under court order exempt from chapter.
- § 37-10-23. Sale at less than cost or offer of rebate as evidence of intent to prevent competition.
- § 37-10-24. Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.
- § 37-10-25. Contracts in violation void--Recovery prohibited.
- § 37-10-26. Promulgation of rules--Cost survey.
- § 37-10-27. Duty to enforce chapter--Employment of personnel.
- § 37-10-28. Powers vested in secretary available for enforcement of chapter.
- § 37-10-29. Suspension or revocation of license under cigarette tax law.
- § 37-10-30. Disciplinary proceedings not abated by expiration or renewal of license.
- § 37-10-31. Procedure for suspension or revocation of license.
- § 37-10-32. Periods of suspension of license--Revocation for persistent violations.
- § 37-10-33. Appeal to courts from secretary of revenue.
- § 37-10-34. Sales prohibited during suspension or revocation of license.
- § 37-10-35. Reinstatement of revoked license.
- § 37-10-36. Injunction proceedings to prevent violations of chapter.
- § 37-10-37. Damages recovered in injunction proceeding.
- § 37-10-38. Action for damages without injunction.
- § 37-10-39. Severability of provisions--Severability from other laws.
- § 37-10-40. Citation of chapter.
- § 37-11-1. Filing of fictitious name statement required--Exceptions.
- § 37-11-2. Statement filed on change in ownership of business--Fee.
- § 37-11-3. Information recorded by secretary of state and register of deeds.
- § 37-11-4. Liability of persons interested in business.
- § 37-11-5. Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery.
- § 37-14-2. Auction sale defined.
- § 37-14-4. Farm sales, judicial sales and closing out sales exempt.
- § 37-14-5. Requirements of chapter.
- § 37-14-18. Deposit of auction receipts into separate auction proceeds account.
- § 37-14-19. Transfer of auction receipts to client--Time limit.
- § 37-14-20. Application of deposit and transfer requirements.
- § 37-14-21. Time for taking possession of property after sale--Reversion of ownership of unclaimed property--Forfeiture of payment--Exceptions.
- § 37-16-1. Charging excessive interest as misdemeanor.
- § 37-16-2. Sale of pledge during time for redemption as misdemeanor.
- § 37-16-3. Conduct of business without municipal license as misdemeanor.
- § 37-16-4. Refusal to disclose purchaser and price of article sold as misdemeanor.
- § 37-16-5. Refusal to exhibit stolen goods as misdemeanor.
- § 37-17-1. Sale after removal or alteration of serial number as misdemeanor or felony.
- § 37-17-2. Manufacturer or importer permitted to renumber farm machinery or parts.
- § 37-17-3. Farmers exempt when disposing of implements.
- § 37-20-1. Definitions.
- § 37-20-1.1. Federally supplied weights and measures adopted as state standards.
- § 37-20-2. Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards.
- § 37-20-3. Reference standards, working standards, and field standards.
- § 37-20-4. Verification and sealing of working standards and field standards.
- § 37-20-5. Working standards used to test weighing and measuring devices.
- § 37-20-31. Marking false weight on container as misdemeanor.
- § 37-20-32. Placing foreign substance in package to increase weight as misdemeanor.
- § 37-20-33. Metric measures not prohibited.
- § 37-20-34. Promulgation of rules.
- § 37-21-1. Definitions.
- § 37-21-1.2. General supervision by department.
- § 37-21-2. Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel.
- § 37-21-5. Regulations for enforcement of standards.
- § 37-21-6. Specifications and tolerances included in regulations--Purpose--Conformity with national code.
- § 37-21-7. Conforming weights, measures, and devices deemed correct.
- § 37-21-9. Inspection and testing of weights, measures, and devices.
- § 37-21-9.1. Fees for inspection and testing.
- § 37-21-10. Investigation upon complaint.
- § 37-21-12. Impersonation of secretary or department employee as misdemeanor.
- § 37-21-13. Sealing and marking of weights, measures and devices found correct.
- § 37-21-14. Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair.
- § 37-21-15. Inspection of packages or commodities offered for sale.
- § 37-21-16. Access to premises and stopping of vendors or dealers for testing purposes.
- § 37-21-18. Prohibited acts--Misdemeanor.
- § 37-21-21. Assistance of law enforcement--Prosecution of violations.
- § 37-21A-1. Definition of terms.
- § 37-21A-2. Application for registration to service weighing or measuring devices--Evidence of qualifications.
- § 37-21A-3. Annual registration fees--Time of payment.
- § 37-21A-4. Issuance of certificate of registration--Assigned number--Duration of certificate.
- § 37-21A-5. Registrant's removal of tags and placement of devices in service before official examination.
- § 37-21A-6. Forms for reporting devices placed in service by agency--Distribution of copies of report.
- § 37-21A-7. Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.
- § 37-21A-8. Denial, suspension, or revocation of certificate of registration.
- § 37-21A-10. Interstate agreements for reciprocal recognition of certification.
- § 37-21A-11. Rules and regulations.
- § 37-22-1. Scales under supervision of department and subject to inspection.
- § 37-22-1.2. Definitions.
- § 37-22-3. Installation, inspection, testing, and correction of scales--Promulgation of rules.
- § 37-22-4. Department jurisdiction exclusive.
- § 37-22-5. Appointment of inspectors.
- § 37-22-7. Department facilities and equipment.